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HomeMy WebLinkAbout1996-267e \wpdoce\ord\11oyd 2 ORDINANCE NO 6 -961 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS, AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is authorized to execute the First Amendment to a Professional Services Agreement between the City of Denton and Lloyd, Gosselink, Fowler, Blevins and Mathews, substantially in the form of the attached agreement which is made a part of this ordinance for all purposes SECTION II That the City Manager is hereby authorized to make expenditures as may be required under the Agreement SECTION III That this ordinance shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the ZP�__ day of r 1996 JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY EM APPIP7ED AS 'TO LEGAL FORM HERBERT L PROUTY,/CITY ATTORNEY BY _J��V FIRST AMENDMENT TO EMPLOYMENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS STATE OF TEXAS COUNTY OF DENTON This First Amen ment to r�grr,ain Agreement made and entered into the � day of r �6 by and between Lloyd, Gosselink, Fowler, Blevins and Mathews, P C , a Texas professional corporation (hereinafter referred to as "Consultant"), with Lambeth Townsend having full authority to execute this Agreement on behalf of Consultant, 111 Congress Avenue, Suite 1800, Austin, Texas 78701 and the City of Denton, Texas, a Texas municipal corporation (hereinafter referred to as "City"), 215 East McKinney, Denton, Texas 76201, and said Agreement hereinafter being referred to as "Base Agreement" WITNESSETH: WHEREAS, the City and Consultant need to amend the Base Agree- ment to provide for additional compensation for services performed and to place conditions on the payment of additional compensation, NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do mutually agree as follows That Section III A of the Base Agreement is hereby amended to read as follows A The Consultant shall charge the following fees for its profes- sional services hereunder, based on the following hourly rates for the attorneys and support staff involved in this matter Hourly Estimated Staff Rate Hours Lambeth Townsend 180 00 Law Clerk 75 00 Paralegal 75 00 Consultant agrees that all charges for the services hereunder, including expenses, will not exceed $75,000 Consultant understands that the $75,000 not to exceed limit is an agreed upon absolute limitation on the maximum compensation for services herein Consultant agrees to provide and manage the delivery of its services to assure that its billings will not exceed this maximum compensation limit including, without limitation, utilizing members of the professional staff of the City's Utilities Department and the City Attorney's office to attend hearings before the Public Utility Commission and other agencies, to draft documents, and to perform other tasks required hereunder when appropriate to reduce the overall charges of Consultant and to assure that Consultant's total charges hereunder will fall within the not to exceed limit II That save and except as amended hereby, the remaining sections, subsections, sentences, paragraphs, and phrases of the Base Agreement shall remain in full force and effect IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and Consultant has executedithis Agreeme�,t_through its duly authorized officer, dated the _ day of _ ias,. 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY BY L O D A AP ETO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY E \WPDOCS\K\LLOYD-GO AMID CITY OF DENTON, TEXAS BY TED BENAVIDES, CITY MANAGER LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS Page 2 i